BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: Sjr 15
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  desaulnier
                                                         VERSION: 9/7/11
          Analysis by:  Eric Thronson                    FISCAL:  NO
          Hearing date:  March 27, 2012




          SUBJECT:

          Federal harbor maintenance taxes

          DESCRIPTION:

          This resolution requests that the President and Congress of the 
          United States increase federal funding for navigational 
          improvements and continued dredging in the federal channels of 
          California's ports.

          ANALYSIS:

          Prior to 1986, the federal government funded entirely the 
          maintenance of federal channels in the country's ports.  In 1986 
          Congress passed the Water Resources Development Act, which 
          instituted an ad valorem tax of 0.125 on shipments for users of 
          these channels.  The federal government deposits the resulting 
          $1.4 billion annually in the Harbor Maintenance Trust Fund to 
          provide a source of revenue for funding all of the maintenance 
          and operations dredging necessary to keep these navigational 
          channels open.  For many years, the federal government has not 
          spent all the funds in the account on harbor maintenance and has 
          allowed a large surplus to develop totaling roughly $5.6 
          billion.  Instead of spending this funding on maintaining the 
          nation's federal channels, this balance has been used to offset 
          other federal general fund expenditures.

          House Resolution 104 and Senate Resolution 412, pending in 
          Congress, would ensure that the annual revenue collected from 
          the Harbor Maintenance Tax be fully used for maintaining the 
          nation's ports and navigational channels.

           This resolution  requests that the President and Congress of the 
          United States increase federal funding from the Harbor 
          Maintenance Trust Fund surplus for navigational improvements and 
          continued dredging in the federal channels of California's ports 




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          such that these expenditures equal the amounts contributed from 
          the state's ports.  Further, this resolution urges the President 
          and Congress to enact House Resolution 104 or Senate Resolution 
          412 to end further contribution to the surplus on the trust 
          fund.
          
          COMMENTS:

           1.Purpose  .  This resolution calls on Congress to properly 
            maintain the nation's ports and harbors with the revenue 
            provided by users for that purpose.  According to the author, 
            California deserves its equitable share of all federal port 
            and goods movement infrastructure funding.  Further, the 
            federal government has the obligation and the funds necessary 
            to secure and facilitate increased commercial activity at our 
            public ports.  Many jobs and the nation's economic growth 
            depend on this investment.  Therefore, it is reasonable to 
            expect the federal government to spend these revenues for the 
            purpose for which it collects them.

           2.Underfunding channel dredging constrains trade  .  According to 
            the United States Corps of Engineers, almost 30 percent of 
            commercial vessel calls at US ports are constrained due to 
            inadequate channel depths.  This sometimes necessitates 
            transferring products between vessels in order to "light load" 
            cargo ships, which increases costs and safety concerns.  
            Inadequate maintenance of channels due to the federal 
            government underfunding the program has a negative impact on 
            trade and the nation's economy.

           3.California does not receive expenditures equal to its 
            contribution  .  Supporters note that while California's ports 
            facilitate the cargo value that generates over 30 percent of 
            the Harbor Maintenance Tax revenues, expenditures for 
            California state projects made out of the trust fund from 
            federal fiscal year 2005 to fiscal year 2008 averaged only 4 
            percent of the revenues collected.  This resolution requests 
            that the federal government return funding to the revenue 
            source, enabling the state's ports to better maintain the 
            federal channels and improve the nation's trade capacity.
                
           POSITIONS:  (Communicated to the Committee before noon on 
          Wednesday,
                     March 21, 2012)

               SUPPORT:  Pacific Merchant Shipping Association 




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          (co-sponsor)
                         International Longshore and Warehouse Union 
          (co-sponsor)
                         CA Marine Affairs and Navigation Conference 
          (co-sponsor)
                         CA Association of Port Authorities (co-sponsor)
                         San Francisco Bar Pilots Association
                         Contra Costa County Board of Supervisors
                         Bay Planning Coalition
                         City of Oceanside - Department of Harbor and 
          Beaches
          
               OPPOSED:  None received.